3/14/18 N.Y. St. Reg. Court Notices

NY-ADR

3/14/18 N.Y. St. Reg. Court Notices
NEW YORK STATE REGISTER
VOLUME XL, ISSUE 11
March 14, 2018
COURT NOTICES
 
AMENDMENT OF RULE
Uniform Rules for Courts Exercising Criminal Jurisdiction
Pursuant to the authority vested in me, and upon consultation with and agreement of the Administrative Board of the Courts, I hereby amend the uniform rules for courts exercising criminal jurisdiction (22 NYCRR Part 200) by adding sections 200.16 and 200.27 as follows, effective January 1, 2018:
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200.16/200.27: Issuance of Order Confirming Disclosure and Notice Obligations
In all criminal actions on an indictment, prosecutor’s information, information, or simplified information, where counsel for the defendant has provided the prosecutor with a written demand as specified under CPL 240.10(1) and 240.20, or where the prosecution has waived such demand, the court shall issue an order to prosecution and defense counsel that, inter alia, (1) confirms the prosecutor’s disclosure obligations pursuant to Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), People v Geaslen, 54 N.Y.2d 510 (1981), and their progeny; and (2) confirms defense counsel’s professional obligation to provide effective assistance of counsel and meet defendant’s statutory notice obligations. The order shall be issued on the first scheduled court date, following demand, where both the prosecutor and defense counsel are present. The Chief Administrator of the Courts shall promulgate a model order for this purpose that the court may use as it deems appropriate.
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